Drones Flying Over Private Property - Can You Stop Them?
- Thread starter Captain Spock
- Start date
In the peeping tom "scary" category as mentioned in my posted video.
Surely not limited to Draper, CO. There were idiotic reactions posted in NextDoor to an incident in my own neighborhood: "shoot it down with a shotgun" (wonder where the fall of shot would be), "trap it with a net," amid others.
No talk about drone laws, etc.
Thats a 5 year prison sentence so I would caution your vigilante friends about that! Even throwing a projectile at a drone is a federal crime with hefty prison time.
So this guy is apparently upset with Ken's flying and something about peeping. I'll just drop this here and leave out my personal comments on what I would have done had he assaulted me like that:
I love night flying and the beautiful city lights videos I get.
But, stalking and casing. Wrong and it makes it bad for everyone.
I don't know why they don't educate folks about the drone scanner app. This way , they can see if they are cruising or stalking and they will have evidence for the police if necessary. They need to put this on the news outlets. It won't affect law enforcement drones since they turn RID off anyway, but it would keep things legit.
Dronner scanner and RID will help to show if you are being a responsible RPIC also.
But, stalking and casing. Wrong and it makes it bad for everyone.
I don't know why they don't educate folks about the drone scanner app. This way , they can see if they are cruising or stalking and they will have evidence for the police if necessary. They need to put this on the news outlets. It won't affect law enforcement drones since they turn RID off anyway, but it would keep things legit.
Dronner scanner and RID will help to show if you are being a responsible RPIC also.
But that's not what RID is for, it doesn't have the [legal] capabilities that you mentioned. What happens if the app is showing you to be "stalking and casing" and you aren't, is that evidence? Is that what you want an untested, unproven, inaccurate implementation of RID which can be used to incriminate innocent drone flyers because of an untested, imperfect, and wholly inappropriate use of the app to determine someone's intent? Ok if you're up to no good but frankly, I don't want the tool to be [mis]used for something it isn't designed for. Sorry but no thanks to telling the public they should use drone scanner and RID to figure out if a crime has occurred or is occurring.
I know it has given me some good helpful info. If I need to stop in midair and make any corrections I have learned how to not be facing toward someone's house. When people are forced to show their documentation vs yours it goes quicker than their perception vs your documentation. Especially involving local law enforcement.
No one is ever going to be sent to a federal prison for throwing a rock at a drone. And in the very few reports I've read about incidents involving someone shooting at a drone, the shooter was sentenced only when there were other serious criminal charges, too. Yes, drones are aircraft ..., but this going to happen.
Can anyone cite instances where someone was imprisoned for shooting at a drone, without other charges actually accounting for the penalty?
You seem to have a habit of "calling me out" on the Forum.
IF you would like to correct my answers OR even explain to me why my answers are wrong I AM ALL FOR THAT. I do not confess to Know everything and I myself would tell anyone that common sense says Do your own research BEFORE you follow any of my advice. I apologies for the first Part of this answer but I am Stating the what cans not the maybe this is what will happens.
THE LAW IS THE LAW
Whether you have never heard of, or cannot site a case of the government throwing the book at someone in violation Does not mean the Government cant Apply the full penalty of the law to another.
THE POINT OF THE POST IS THIS--- YOU CAN GO TO PRISON FOR FIRING ANY WEAPON IN THE AIR LET ALONE AT A DRONE> The punishments for violating these laws are clear. In my area they dont punish shoplifters BUT that in NO way means they cant
Consequences of Shooting Down a Drone: What to Expect
Discover what happens when you shoot down a drone: legal implications, safety concerns, and more. Learn before taking action!
www.bluefalconaerial.com
You seem to have a habit of "calling me out" on the Forum.
IF you would like to correct my answers OR even explain to me why my answers are wrong I AM ALL FOR THAT. I do not confess to Know everything and I myself would tell anyone that common sense says Do your own research BEFORE you follow any of my advice. I apologies for the first Part of this answer but I am Stating the what cans not the maybe this is what will happens.
THE LAW IS THE LAW
Whether you have never heard of, or cannot site a case of the government throwing the book at someone in violation Does not mean the Government cant Apply the full penalty of the law to another.
THE POINT OF THE POST IS THIS--- YOU CAN GO TO PRISON FOR FIRING ANY WEAPON IN THE AIR LET ALONE AT A DRONE> The punishments for violating these laws are clear. In my area they dont punish shoplifters BUT that in NO way means they cant
Consequences of Shooting Down a Drone: What to Expect
Discover what happens when you shoot down a drone: legal implications, safety concerns, and more. Learn before taking action!
I seldom pay much attention to who is posting, but rather focus on the accuracy of what's posted. I'm not on this forum to engage in social media style bickering and personal spats.
"Thats a 5 year prison sentence so I would caution your vigilante friends about that! Even throwing a projectile at a drone is a federal crime with hefty prison time."
Both statements say there is a prison sentence. That's simply not realistic.
"The punishments for violating these laws are clear."
No, they are not. That's the very essence of what I posted. Yes, the federal laws do apply to manned aircraft and to drones and there are significant maximum fines and prison sentences. But the actual penalties in the real world have not been and are highly unlikely to be similar.
Thank you for Explaining your disagreement with my own interpretations of the Laws I have read. It makes things much easier than say just stating NO. and I apologize for the remark.
In the two states where I have lived for a long period of time It is Illegal to fire a weapon in the air and if that projectile falls to earth and kills someone YOU WILL go to prison. In some counties here in CA. it can be a felony crime to simply fire the weapon. Thats before you face the Feds for violation of 18USC.32 the penalty can easily be determined.
You are CORRECT that in all likelyhood nothing near that severe can happen But what if the local news got involved or the whole thing somehow landed on social media that would be a Golden opportunity for the feds to say "Look what we can do"---Just sayin and once again my apology.
No worries. We're good.
I still curious about whether anyone can think of a case where someone has been imprisoned only for shooting at or even destroying a drone with a firearm? Any cases that have resulted in fines?
What are you going to do when you drone disconnects for whatever reason and it hovers facing someone window? What happens when your drone is returning to home and it runs into an obstacle it can't quite negotiate and it lingers in a place some might find objectionable? What happens when 2 seconds is someone else's 20 seconds? What happens when someone else doesn't care which way your camera is facing, a drone is a drone is a drone? I know you said you got the "receipts" to prove what you are doing but somehow I just don't think that will always work (for each of us) on the site of the incident. The voyeur has documentation, too. Maybe you can use 'em in court at trial?
I don't and I can't. No one will ever go to prison for assaulting a drone unless it's a police drone, then yes you will go to jail. Not because it isn't the norm or because it isn't the law (because it is the law) but because there is no respect for drone flyers even if they are legit and legal and breaking no laws. It's kinda like mistreating the homeless which is why people assault them, steal from them, speak down to them, and do bad things to people in any of the marginalize communities. Not playing the drone victim but a 100 people in the park, 99 ok with it and 1 not ok...and you might be in trouble.
This is not only ridiculous but it's also likely unconstitutional. Recreational drones are under fire nationwide and it's going to get worse before it gets better:
I saw someone post a Virginia law that I am confused by as well, but admittedly I'm still learning. I don't live in Virginia and only fly recreationally, but this just had me curious as someone who likes to travel and would want to stay within the laws of each state. I find it helpful to understand the root of these laws even if they don't apply to me in order to stay informed about what I could encounter.
Link: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-121.3/
Text (bolding by me):
This seems to indicate in section A that you can't fly within 50 feet of another property if the owner asks you not to. It would be considered trespassing and a Class 1 misdemeanor.
However, section B calls out the previous section doesn't apply if you are authorized by federal regulations and are operating lawfully.
There's no "50 foot bubble" airspace rule. If I'm flying as Part 107, or flying recreationally under the 44809 rules, I would assume I'm authorized by federal regulations. As long as I'm following those rules, doesn't that completely throw Part A out the window anyways? Not to mention federal preemption rendering that first section about 50 ft pointless to begin with?
Now, I'm not advocating for flying close proximity to someone's house for harassment. But let's say a person is in a crowded residential neighborhood and trying to do some real estate photography. Chances are there are going to be a lot of areas where you may encroach temporarily. Am I wrong in thinking it's ridiculous that there's something on the books that could now put a person at risk for having to fight a misdemeanor depending on how someone interprets this (if someone decided to complain and you kept flying)?
If FAA rules supercede this, it seems ridiculous that things like this even get passed to begin with at the state level...
Or maybe the above is reasonable, makes sense, and fits within the FAA framework and I'm just not understanding. I'm willing to learn!
Link: https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-121.3/
Text (bolding by me):
This seems to indicate in section A that you can't fly within 50 feet of another property if the owner asks you not to. It would be considered trespassing and a Class 1 misdemeanor.
However, section B calls out the previous section doesn't apply if you are authorized by federal regulations and are operating lawfully.
There's no "50 foot bubble" airspace rule. If I'm flying as Part 107, or flying recreationally under the 44809 rules, I would assume I'm authorized by federal regulations. As long as I'm following those rules, doesn't that completely throw Part A out the window anyways? Not to mention federal preemption rendering that first section about 50 ft pointless to begin with?
Now, I'm not advocating for flying close proximity to someone's house for harassment. But let's say a person is in a crowded residential neighborhood and trying to do some real estate photography. Chances are there are going to be a lot of areas where you may encroach temporarily. Am I wrong in thinking it's ridiculous that there's something on the books that could now put a person at risk for having to fight a misdemeanor depending on how someone interprets this (if someone decided to complain and you kept flying)?
If FAA rules supercede this, it seems ridiculous that things like this even get passed to begin with at the state level...
Or maybe the above is reasonable, makes sense, and fits within the FAA framework and I'm just not understanding. I'm willing to learn!
AnzacJack
Australian Defence Veteran
You certainly wouldnt get away with that sort of flying here in Australia.
Sure he had permission to fly through the arcade. But out on the board walk he was very close to people.
We have a 30m rule for anyone not directly involved in the operation. He was so close that to people Im not surprised he drew the attention of some nut
Sure he had permission to fly through the arcade. But out on the board walk he was very close to people.
We have a 30m rule for anyone not directly involved in the operation. He was so close that to people Im not surprised he drew the attention of some nut
People around here don't get to enjoy a bubble around them when walking around in public. You don't get to have 30m between you and a harmless flying drone and also, you don't get to have 30m between you and those dangerous automobiles that will almost certainly kill you (when speeding)...yeah I know it's tough out there here in America.
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